Avenues for redress (penalties, remedies) and litigation procedure for individual complaints - Tunisia - 2013
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- Labour Code [LC], Act No 66-27 of 30 April 1966, consolidated version including amendments up to July 1996 (Act No. 96-62)
[Code du travail, dans sa teneur révisée au 15 juillet 1996 - in French]
Date: 15 Jul 1996 (view in NATLEX »)
- Act No. 2006-18 of 2 May 2006 modifying some provisions of the Labour Code
(Loi n° 2006-18 du 2 mai 2006, modifiant et complétant certaines dispositions du code du travail - available in French)
Date: 02 May 2006 (view in NATLEX »)
- Act No. 2007-19 of 2 April 2007 modifying some provisions of the Labour Code
(Loi n° 2007-19 du 2 avril 2007 portant modification de certaines dispositions du Code du travail - available in French)
Date: 02 Apr 2007 (view in NATLEX »)
- Act No. 2011-4 of 3 January 2011 supplementing the provisions of Article 234 of the Labour Code)
(Loi n° 2011-4 du 3 janvier 2011 complétant les dispositions de l'article 234 du Code du travail)
Date: 03 Jan 2011 (view in NATLEX »)
- Law-Decree no. 2011-51 of 6 June 2011 amending the Labour Code
(Décret-loi n° 2011-51 du 6 juin 2011, portant modification du Code du travail)
Date: 06 Jun 2011 (view in NATLEX »)
Compensation for unfair dismissal - free determination by court: No
Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
- If the dismissal is not justified by a genuine and serious reason, compensation varies from one or two months' salary for each year of service, up to a maximum of three years' salary (art. 23bis LC).
The existence and the extent of the employee's losses are determined by the court, taking into account the worker's qualifications, his or her length of service in the firm, age, remuneration, family situation, the impact of dismissal on his or her retirement, compliance with the specified procedures and any special circumstances.
- If the dismissal is justified by a genuine and serious reason, but has been effected without observing the procedures prescribed by the law or by collective agreements, the dismissal is considered unfair (abusif"), but the amount of damages is limited to an amount between one and four months' salary (art. 23bis LC).
- The amount of damages for unfair termination of a contract of employment for a specified period corresponds to the payment due for the remaining contract period or for the remaining work left to perform (art. 24 LC).
Reinstatement available: No
- A worker who is unfairly dismissed cannot claim to be reinstated into the enterprise. Compensation is the only remedy for unfair dismissal (art. 23 LC).
Preliminary mandatory conciliation: Yes
- Preliminary mandatory conciliation before the Labour Court (Conseil de prud'hommes): art. 207 LC.
Competent court(s) / tribunal(s): labour court
- A specialized labour court (Conseil de prud¿hommes) which is of tripartite composition has jurisdiction over individual labour disputes. Appeals against its decisions are heard by the ordinary Courts of Appeal (arts. 183 and 221 LC).
Existing arbitration: No